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Second motion mutual divorce petition


16-Nov-2023 (In Divorce Law)
First motion mutual divorce decree passed in October 2022 by Delhi court, did not file the for cooling off period at that time, now wife is settled abroad, she has come here for 20 days and we want to get this second motion be filed and decree be passed my question is three fold (a) while we filed our first petition she was staying on rent in delhi and so delhi court jurisdiction was made, can court now deny jurisdiction as none of us have delhi address (b) urgent application to be filed?
Answers (5)


LawRato

Answer #1
724 votes
You can always write down your excuse that the party had settled abroad and file an urgent application before the court where you filed your first motion of divorce. And as far as the rent agreement is concerned it's not such a big issue because if needed it can be drafted again by approaching the local people of your area.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRato Delhi | 1000+ Answers
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Answer #2
553 votes
Respected sir To your first query, it is important to know that for filing the second motion, the territorial jurisdiction depends on the place of residence of parties, the place of solemnisation of marriage or the place of residence where the couple last resided together as husband and wife. So, the question of the court rejecting your petition doesn't even arise, as it will not be filed in the first place. To your second question, the urgent application may be filed in order to get the matter listed fast, though it's a tricky thing and an advocate having the know-how can get it done for you. For assistance, you may consult me.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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Answer #3
517 votes
Answer to your question (a)- jurisdiction for filing the case can be where both the parties last resided together and if first motion is already allowed, court cannot deny jurisdiction now. Ans (b) Limitation to file second motion is between 6-18 months. We can file for second motion now and get the final decree without moving any other application Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

LawRatoDelhi | 1000+ Answers
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Answer #4
856 votes
You need to hire expert advocate to file the application in this regard and jurisdiction remains the same which was on first motion despite whether you are still staying on rent or not ..this is a continuation of process which already executed during first motion
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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Answer #5
573 votes
Dear client In the above conspectus, the matter gets listed automatically after 6 months of the first motion, will need to check the status of your case and take action accordingly. Feel free to get in touch to discuss further
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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